论共犯脱离的根据

Research on the Basis of Accomplice Departure

共犯脱离是在共同犯罪中最为常见的一种犯罪形态,它是指在共同犯罪中,部分共犯者消除自己之前行为影响力对共同犯罪的促进作用,由剩余共犯者继续实施犯罪并导致犯罪结果发生的情形。共犯脱离的根据对研究共犯脱离理论起着总括性和指导性的作用。本文在批判和吸收既有理论的基础上,从共犯脱离现象入手,立足于共同犯罪等相关刑法基本理论,得出共犯宗旨、罪刑相适应原则以及刑事政策等方面的要求才是共犯脱离的根据。这一结论为进一步研究和完善共犯脱离理论,以及在司法实践中准确和统一适用这一理论奠定了基础。

The accomplice departure is one of the most common forms of crime. It refers to this phe- nomenon that those who participated in a accomplice eliminate their promoting influence on the accomplice, leaving the other participants continuing to implement the crime and lead to criminal consequence. Its basis has a general and guiding effect on researching the theory of accomplicity. Based on criticizing and absorbing some existed theories as well as basic theories of complicity, we search for roots and come to this conclusion from the phenomenon of accomplice and through further consideration and summary that： the requirements of the purpose of complicity punishment, the principle of accomplice and criminal policies are the basis of accomplice departure. This conclusion lays the foundation of further research, promoting accomplice departure theory and applying this theory in judicial practice accurately and uniformly.